Conservation Advisory Board

Marine Resources Division

Alabama Department of Conservation and

Natural Resources
February 2016

Cover Photo: In 2015, the Marine Resources Division implemented a Rigs to Reef
program. In the Rigs to Reef program Marine Resources Division works with oil
and gas companies for reef decommissioned rigs for fisheries habitat.

STATE OF ALABAMA

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES DIVISION
POST OFFICE BOX 189
DAUPHIN ISLAND, ALABAMA 36528
TEL (251) 861-2882
FAX (251) 861-8741
amrddi@gulftel.com
Robert Bentley
GOVERNOR

N. Gunter Guy, Jr.

COMMISSIONER

Our mission is to manage the States marine fishery resources through research,
enforcement, and education for the maximum benefit of the resources and the
citizens of Alabama.

Curtis Jones

Christopher M. Blankenship
Director
MARINE RESOURCES DIVISION

January 20, 2016

DEPUTY COMMISSIONER

MEMORANDUM
TO:

N. Gunter Guy, Jr., Commissioner

Department of Conservation and Natural Resources

FROM:

Chris Blankenship, Director

Marine Resources Division

RE:

Items for Consideration by the Conservation Advisory Board on

February 20, 2016, in Montgomery, Alabama

The Marine Resources Division presents the following regulation changes for
consideration by the Conservation Advisory Board at the meeting on February 20,
2016:
Proposed changes to 220-3-.01 Shrimping
Remove unnecessary language regarding the address for the Division. [220-3.01(1)]
Remove language to clarify the exemption for taking of shrimp by a dip net in
Weeks Bay [220-3-.01(4)(d)]
Potential Impacts: Anglers are still allowed to use the dip net, re-stating the area,
Weeks Bay, was redundant and confusing.
Insert language from 2015 Legislative Amendment to 9-12-46, Code of
Alabama 1975, defining a seasonal closure for shrimping along the eastern
shore of Mobile Bay and establish a set season for closing and opening waters
Mobile Bay to shrimping.
[220-3-.01(4)(j)], [220-3-.01(13)]
Potential Impacts: 9-12-46, Code of Alabama 1975, was amended by the 2015
Legislative Session at the request of the shrimping community to establish the
seasonal closure along the eastern shore of Mobile Bay as well as establishing the
May 1st closure and June 1st opening of the waters of Mobile Bay, each year. The
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

law is currently in effect, adding the language to the regulation provides consistency
and availability of the information to the public.
Remove language setting the minimum number of shrimp per pound to
determine temporary closures in accordance with the 2015 Legislative
Amendment to 9-12-46, Code of Alabama 1975. [220-3-.01(14)]
Potential Impacts: 9-12-46, Code of Alabama 1975, was amended by the 2015
Legislative Session to establish a set closure date of May 1st of each year and an
opening of June 1st. The 68 shrimp per pound portion was removed to allow for
the dates to be utilized. The law is currently in effect, adding the language to the
regulation provides consistency and availability of the information to the public.

Proposed changes to 220-3-.02 Oystering

Modify the requirement that an oyster catcher must attend AMRD/ADPH
approved training from every 2 years to 5 years as a prerequisite to purchasing
a catchers license. [220-3-.02(2)]
Potential Impacts: Requiring harvester education is a requirement from the
Interstate Shellfish Sanitation Conference (ISSC) and US Food and Drug
Administration for all shellfish harvesting states to allow for interstate commerce.
The time requirement was amended at the 2015 Biennial meeting to reduce the
burden on the Agency and the harvesters.
Add language for identifying the required waste receptacle. [220-3-.02(11)]
Potential Impacts: Identifying the receptacle is a requirement from the Interstate
Shellfish Sanitation Conference (ISSC) and US Food and Drug Administration,
compliance from the State is required to maintain interstate commerce.
.
Proposed changes to 220-3-.03 Use of Nets and Harvest of Mullet
Defining the requirement for Roe Mullet Permit as required for nets with a
mesh size of 2 inches knot to knot but less than 3 inches knot to knot. [220-3.03(2)]
Potential Impacts: Currently, anyone fishing a net greater than 2 bar spacing is
required to have the Roe Mullet Permit no matter what species of fish they are
fishing for during roe season October 24-December 31. There are some fisheries,
primarily flounder and sheepshead, that utilize nets larger than 3 inches. This
would allow those fishermen to target these species without buying the additional
permit as long as they do not possess mullet during the roe season of October 24December 31.
Prohibit cast net fishermen from fishing within 300 feet of the mouth of Dog
River, Theodore Industrial Canal and Fowl River (east and west entrances).
[220-3-.03(17)]

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

Potential Impacts: Licensed commercial gillnet fishermen are prohibited from

fishing within 300 feet of the mouth of these areas. Requiring the same
restriction of cast net fishermen will eliminate user group conflict.
Insert cast net. [220-3-.03(20)]
Potential Impacts: Cast nets are an allowed gear for commercial fishermen under
9-12-113, Code of Alabama 1975, therefore; subject to the point system that is
defined under the Code. Inserting cast net in the regulation ensures consistency
for penalties.
Proposed creation of a Seafood Aquaculture regulation
Create a regulation to require permitting and establish criteria for the
development of
seafood aquaculture in Alabama.
Potential Impacts: There is currently one seafood aquaculture operation in
Alabama but AMRD has received inquiries regarding the implementation of
others. AMRD has no regulation in place to provide guidance for the
development of such operations. Major concerns are the release of non-native
species into the waters of the State and the spreading of disease. This is a
preemptive measure to reduce confusion and reduce delay in the implementation
of future seafood aquaculture operations.

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

N. Gunter Guy, Jr.

220-3-.0l Shrimping
(1) Shrimping is regulated The shrimp season is set by regulation by the
Commissioner of Conservation and Natural Resources under authority of l975 Code
of Alabama, Section 9-2-4. Areas open to commercial shrimping and for bait
shrimping may change from time to time; therefore, the Marine Resources Division,
P. O. Box 189, Dauphin Island, AL 36528 should be contacted for the latest
regulations.
(2)
Individuals operating a licensed recreational shrimp boat taking bait
shrimp from an area designated by law as an exclusive saltwater bait area are limited
to one (1) gallon of shrimp with heads attached per boat per day.
(3)
Individuals taking shrimp, for recreational purposes, in an area open to
commercial shrimping by means of a cast net and without the use of a boat, are
limited to no more than five (5) gallons of shrimp with heads on per person per day.
(4) The taking, catching or attempting to take or catch shrimp by trawl,
seine, cast net or by any means whatsoever for any purpose is prohibited in the
following Shrimp Nursery Areas:
(a) Portersville Bay which is defined as those waters north of a line
extending from Barron Point on Mon Louis Island, thence to the south shore of
Marsh Island thence to the south shoreline of the Isle aux Herbes (Coffee Island) and
then along the western shoreline of the Isle aux Herbes to a point on the mainland
due north of the northern tip of the Isle aux Herbes.
(b) Heron Bay which is described as that body of water lying north of a line
extending from Barry Point on Mon Louis Island south southeast to Cedar Point.
(c) That portion of Mississippi Sound north of the Intracoastal Waterway
and east of a line extending from Barron Point on Mon Louis Island southeasterly to
Range Marker "D" on the Intracoastal Waterway.
(d) All of Weeks Bay, except in Weeks Bay only shrimp may be taken for
bait with a dip net that measures no more than twelve inches (12) by twelve inches
(12).

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(e) All rivers, streams, creeks and bayous (except that portion of Blakely
River designated by law as an exclusive bait shrimping area). For the purpose of
this regulation, the mouth of the Mobile River is defined as a line beginning at the
southernmost tip of Pinto Island running due west to a point on the mainland and the
mouth of the Blakely River is defined as a line running westward from the charted
position of the Blakely River Channel Marker #18 to a point of intersection with
land on the southern tip of Big Island (30-38.305N, 087-55.503W 30-38.305N,
087-55.503W).
(f)
All waters north of the southernmost edge of the Interstate Highway 10
eastbound lane (except that portion of Interstate Highway 10 which lies north of U.S.
Highway 90 (Battleship Parkway), in which case the line follows the southernmost
edge of the Battleship Parkway).
(g) That portion of Bon Secour Bay within 2500 feet of the mouth of
Weeks Bay.
(h)

Theodore Industrial Canal.

(i)
That portion of Mobile Bay north and west of a line running from the
intersection of the Dog River Bridge with the Dog River Channel east along the
northern edge of the Dog River Channel to its intersection with the Mobile Ship
Channel then north along the west side of the Mobile Ship Channel to the Upper
Reach Rear Range (located on the north side of Arlington Channel) then north and
east of a line running southeast to the charted position of Mobile Ship Channel
marker #78 then southeast to the charted position of Blakely River Channel marker
#2 then eastward to the center of Mayday Pier (3035.966N 8754.851W) then
eastward along the center of Mayday Pier to its intersection with land, except in this
area only, persons may use a cast net to catch or attempt to catch shrimp for bait or
noncommercial purposes not to exceed one gallon of shrimp per person per day.
There shall be a 300 foot safety buffer along the western edge of the Mobile Ship
Channel where towing a trawl shall be allowed for turning by vessels.
(j) Pursuant to Section 9-12-46, Code of Alabama 1975, from 6:00 a.m.
August 15 each year until 6:00 a.m. October 1 each year, that portion of Mobile Bay
extending out from and parallel to the shoreline one-half nautical mile beginning at
the center of Mayday Pier and then south to the northern edge of the Point Clear
Channel, except in this area only, persons may use a cast net to catch or attempt to
catch shrimp for bait or non-commercial purposes not to exceed one gallon of
shrimp per person per day.

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(jk) All waters in Mobile County north of a line beginning at the Mississippi
State line running east to the eastern tip of South Rigolets (3021.120 8823.490)
then northeast to the southwest tip of Point Aux Pins (3022.271 8818.888) then
east to the charted position of the BCBeacon in the Bayou La Batre Ship Channel
and then southeast to the northwest point of the middle cut that bisects Coffee Island
(Isle Aux Herbes) defined as 3020.785 8815.721.
(kl)

North of Lillian Bridge in Baldwin County.

(lm) Little Lagoon Pass in Baldwin County and within 100 yards of the
north and south entrance of Little Lagoon Pass.
(mn)
Perdido Pass in Baldwin County which is defined as those waters
north of Perdido Pass Channel Markers #1 and #2 and south of the charted position
of channel marker #12 in Terry Cove.
(5)
Exclusive bait shrimping areas are permanently closed to
commercial shrimping.
(6)
It shall be unlawful to wash a trawl or net by pulling it or dragging it in
any waters closed to shrimping.
(7) The use of any trawl or trawls, or the taking of shrimp by any means, in
any area closed to commercial shrimping is hereby expressly prohibited, except as
otherwise provided by law.
(8) Unless otherwise provided, it shall be unlawful to use trawls or seines
except as follows:
(a)
Recreational shrimp trawls -- The size, and number, of recreational
shrimp trawls shall be limited to one net per boat, the size of which shall not exceed
sixteen (16) feet as measured across the cork line or main top line. In addition,
wings shall be cut and tied to the wing line only on points and it shall be illegal to
use nets where the length of the top leg line exceeds the length of the bottom leg line
(length of leg lines being defined as the distance from the rear of the door to the
beginning of the wing).
(b) Live saltwater bait trawlsthe size, and number, of live saltwater bait trawls
shall be limited to one net per boat, the size of which shall not exceed fifty (50) feet
as measured across the cork line or main top line except in an area that is
temporarily closed to shrimping or in a designated live bait area the trawl shall not
exceed sixteen (16) feet along the cork line or main top line. In addition, wings shall
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

be cut and tied to the wing line only on points and it shall be illegal to use nets where
the length of the top leg line exceeds the length of the bottom leg line (length of leg
lines being defined as the distance from the rear of the door to the beginning of the
wing). Live Saltwater Bait Dealers shall drag their trawl for no longer than twenty
(20) consecutive minutes before retrieving the trawl and transferring bait shrimp into
the live bait tank.
(c) Commercial shrimp trawls - - It shall be illegal for any person, firm or
corporation to take or attempt to take shrimp or other seafoods in or from the inside
waters of the State of measured in a straight distance along the cork line, which is
the main top line containing corks. The use of more than two trawls is prohibited in
the inside waters; provided however, that one try trawl not to exceed ten (10) feet
as measured across the cork line may be used for sampling in addition to the above.
In addition, wings shall be cut and tied to the wing line only on points and it shall be
illegal to use a trawl or trawls on which the length of the top leg line exceeds the
length of the bottom leg line, the length of the leg line being defined as the distance
from the rear of the trawl door to the beginning of the wing.
(d) It shall be unlawful to hang, tie or otherwise connect any webbing or
netting between the rear of the trawl board or door and the adjacent wing line or
between the top leg line and bottom leg line of any trawl so as to extend the width of
any trawl or trawls authorized under Sections (8) (a), (8) (b) and (8)(c) above.
(9) The Department of Conservation and Natural Resources shall not issue
a Live Saltwater Bait Dealers License to persons unless their shore facilities,
transport facilities, or boat(s), in addition to the requirements provided by law, meet
the following minimum requirements:
Place of Business
A place of business is defined for purposes of this section as:
(a) A permanently erected building on land from which fishing bait and
fishing supplies and tackle are sold to the public; or
(b) A vessel that sells live or dead saltwater bait (excluding shrimp) to the
public. It shall be unlawful for a vessel that sells live or dead saltwater bait
(excluding shrimp) that is a place of business to take, possess, or sell live or dead
shrimp. Such vessel shall meet the requirements for a boat facility, shall provide a
physical address where vessel will be docked or stored, shall not possess or attempt
to use a trawl and shall make vessel immediately available for inspection. No live
bait catcher boat that is licensed under such vessel that is a place of business may
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

take or possess live or dead shrimp or possess or attempt to use a trawl to take bait.
No transport truck that is licensed under such a vessel that is a place of business may
transport or possess live or dead shrimp. Such vessel that is a place of business,
and all catcher boats and transport trucks licensed under such vessel shall have the
words Live Bait No Shrimp in letters at least six inches high on the port and
starboard sides of the vessel or vehicle; or
(c) A vessel that sells live or dead saltwater bait (including shrimp) from a
designated location to the public. Such vessel shall notify the Marine Resources
Division of the GPS location of such designated location where live or dead
saltwater bait will be sold, shall notify the Marine Resources Division at least 10
working days prior to utilizing or moving such location, shall designate only one
location, shall only sell live or dead saltwater bait from the designated location, shall
meet all requirements for a shore facility and a boat facility, shall provide a physical
address where the vessel will be docked or stored, shall not possess or attempt to use
a trawl, and shall make vessel immediately available for inspection. Such vessel that
is a place of business shall have the words Live Bait For Sale in letters at least
six inches high on the port and starboard sides of the vessel.
(d) Notwithstanding the provisions of (b) and ( c) immediately above, no
vessel shall constitute a place of business hereunder if it is in violation of Rule
220-4-.08 of the Alabama Administrative Code.
Shore Facilities
(a) Covered concrete, wooden or fabricated tanks with a minimum capacity
of 480 gallons.
(b) Tanks must be aerated by one of the following:
1.
Circulating water sprayed upon the surface which may be pumped from
the bay, bayou, etc., or recirculated from the shrimp tank.
2.
Any commercial fish aerator.
Transport Facilities
Wooden or fabricated transport tanks with recirculating water or commercial
fish aerator.
Boat Facilities
(a)
Tank with a spray system operated by a pump or commercial fish
aerator; or, live well with forced water exchange.
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(10) No holder of a live saltwater bait dealers license or anyone operating

under such license shall transfer or unload any shrimp live or dead onto any vessel or
vehicle unless such vessel or vehicle has been inspected and approved by the Marine
Resources Division and designated as a licensee as required by 9-12-54.3. Shrimp
live or dead taken by a live saltwater bait boat shall be transported or stored only in
an approved vessel, vehicle or facility.
(11) It shall be unlawful for any person to drag any net, seine or trawl over
the public oyster reefs or the private oyster leases in this State.
(12)
Any person, firm or corporation or association may import
shrimp into the State of Alabama from another state even though such shrimp weigh
less than the minimum weight requirements prescribed by the laws and regulations
of the State of Alabama provided such shrimp were legally taken or caught outside
of the territorial waters of the State of Alabama. Upon importation of such
undersized shrimp, the purchaser and/or processor thereof shall maintain a written
record of the location of the source of such shrimp and such records shall be open
for inspection to the Division of Marine Resources upon demand.

(13) Pursuant to Section 9-12-46, Code of Alabama 1975, the minimum

weight requirement of shrimp caught or taken for commercial purposes from the
waters of Alabama shall require not more than 68 shrimp with heads attached to
weigh one pound or not more than 114 headless shrimp to the pound. all inside
waters of the State of Alabama, as defined by rule 220-3-.04, shall be closed to all
commercial and recreational shrimping at 6:00 a.m. on May 1 of each year and all
inside waters not permanently closed shall be opened to commercial and recreational
shrimping at 6:00 a.m. on June 1 of each year.

(14) As to such areas of Alabama waters in which shrimp are of such size that
with heads attached a number in excess of 68 shrimp are required to equal in weight
one (1) pound, as determined from the average of samples taken by the Marine
Resources Division of the Department of Conservation and Natural Resources at
established sampling stations within each area, commercial shrimping shall be
temporarily closed until such time as shrimp are of such size that with heads
attached a number equal or less than 68 shrimp, or that a number equal or less than
114 headless shrimp, are required to equal in weight one (1) pound.

Statutory Authority:

9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-46, 9-12-49,

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

9-12-54.1 and 9-12-54.6, Code of Alabama 1975

PENALTY:

As provided by law.

9/30/82; 3/26/83; 4/23/83; 1/13/84; 9/4/86; 12/23/86; 8/27/88; 6/21/89; 8/28/89(E);

5/1/90; 12/21/90; 8/17/91; 11/18/94; 5/28/97(ER); 8/15/97; 8/24/98(E); 9/28/2002;
12/3/2002(E); 4/19/2003; 4/23/2004; 6/9/2004(ER); 9/25/2004; 12/21/05(ER);
12/23/05(ER); 3/15/2006(ER);
8/30/2006;

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

N. Gunter Guy, Jr,

220-3-.02 Oystering.
(1) The taking of oysters from public reefs is regulated by both the
Department of Conservation and Natural Resources, Marine Resources Division and
the Alabama Department of Public Health.
(2) Prior to being issued an oyster catchers license, each harvester shall
obtain Marine Resources Division/Alabama Department of Public Health approved
training every two (2) five (5) years. The training shall include required harvest,
handling, and transportation practices as determined by Marine Resources Division
and Alabama Department of Public Health
(a) A harvester shall obtain proof of completion of the required training.
(b)
Proof of training obtained by the harvester within the past two (2) five
(5) years shall be presented to the Marine Resources Division prior to the issuance of
an oyster harvester or oyster dredge license.
(3) Unless otherwise provided, the minimum lawful size of oysters taken
shall be three inches (3) with an allowance of not more than five percent (5%) for
undersize oysters and cultch material for the cargo on hand and no more than 10% of
undersize oysters and cultch material in any one sack. Oysters shall be culled upon
the reef from which they were taken.
(4) Except as otherwise hereinafter provided, it shall be unlawful for any
person to take or attempt to take oysters except by hand or hand tongs and by the use
of dredges in designated areas.
(5) It shall be unlawful for any person to take or attempt to take oysters
from the public reefs and/or from private reefs and bottoms of the State of Alabama
by means of oyster dredges except as follows:
(a) The Director of the Marine Resources Division may issue a written
permit allowing oyster dredges to be used for taking or removing oysters from public
or private oyster reefs or from those water bottoms which have been leased from the
State of Alabama pursuant to the authority contained in Section 9-12-24 of the Code
of Ala. 1975. The permittee must use the oyster dredge only upon such days, at such
times and within such areas as shall be specified in the permit.
(b) No permittee may allow the craft on which his dredge is carried to be
anchored at night. Said craft must return to a dock before sunset.
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(c) Dredges used on the public or private reefs shall not exceed a weight of
125 pounds, including self dumping basket. Dredges will be restricted to no more
than 16 teeth, maximum 3 inches apart with self dumping baskets. All dredges must
be inspected and tagged by the Marine Resources Division. A rope no shorter than
15 feet with a floating buoy no less than six inches in diameter bearing the operators
permit number shall be permanently affixed to the dredge at all times when the
dredge is in use or in transit aboard a vessel. No more than one dredge may be
aboard a vessel at any time. It shall be unlawful for any person, firm, association or
corporation to carry or transport any oyster dredges on board of or attached to any
vessel, boat, or other water craft unless it has been inspected and tagged by the
Marine Resources Division.
(6)
It shall be unlawful for any person, firm, association or corporation to
carry or transport any oyster dredges on board of or attached to any vessel, boat, or
other water craft unless the dredge has been inspected by the Marine Resources
Division and the operator of the vessel has a permit for the dredge.
(7)
It shall be unlawful between the hours of sunset and sunrise to take,
attempt to take or possess oysters on board a vessel or in the waters of the State of
Alabama. All oysters taken from the public reefs shall be landed within one hour of
the water bottom closure each day.
(8) It shall be unlawful for persons to take, for noncommercial purposes,
more than 100 oysters per person per day from the public reefs, beds or bottoms in
the water of this State. Persons possessing more than 100 oysters shall be deemed to
possess those oysters for commercial purposes. Recreational and commercial oysters
cannot be taken or possessed on board a vessel in the same trip.
(9) Certain waters in the vicinity of sewage discharges and other locations
are permanently closed to oystering by the Alabama Department of Public Health.
These areas are subject to change and the latest closure orders should be obtained
from the Marine Resources Division or the Alabama Department of Public Health.
(10) All oysters shall be sacked according to the standard Alabama measure
of four (4) sacks per barrel and it shall be unlawful to land any oysters for
commercial purposes which have not been sacked in this manner. The volume of a
Alabama barrel sack shall consist of a tub of oysters measuring 17 inches in
diameter on the top, 13 inches in diameter on the bottom and 12 inches in height. It
shall be unlawful to transfer oysters from one boat to another for purposes of
avoiding the requirement of this regulation or to transfer any oysters to any
unlicensed oyster catcher. Any person or persons cited for exceeding the sack size
limit provided for herein shall be required to immediately transport and redistribute
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

any said excess oysters on the nearest public reef. Failure to so transport and
redistribute shall be considered a violation of this regulation.
(11) All vessels engaged in the taking, possession or transport of oysters
from the private and public reefs of Alabama shall have aboard the vessel an
approved marine sanitation device (MSD), portable toilet or other sewage disposal
receptacle. The MSD, portable toilet or other sewage disposal receptacle shall be
used only for the purpose intended, be emptied only in a sewage disposal system,
and be cleaned before being returned to the vessel. Sewage disposal receptacles
must be constructed of impervious, cleanable materials and have tight fitting
lids with HUMAN WASTE indelibly written in 3 inch block lettering. No cats,
dogs or other animals may be aboard any vessels taking, possessing or transporting
oysters.
(12) It shall be unlawful for any person to take or attempt to take oysters, for
commercial purposes, from the public reefs of the State of Alabama without first
having registered (checked in) on the day of harvest at the Oyster Management
Station drop box in the area where the harvest shall be attempted. All fishermen
must check out at the same designated Oyster Management Station where they
checked in within one hour of the water bottom closure for that day. Oyster tags will
be purchased at the Oyster Management Station and no oysters shall be landed
before being tagged. The oyster harvester will provide the following information at
the Oyster Management Station in order to complete an oyster harvest record:
Harvesters name, harvesters license number, harvest location, gear used, fishing
time, and name of certified dealer where the oysters will be sold, and any other
information required. At least one copy of the oyster harvest record must remain
with the shell stock while it is in transit to a certified dealer and a copy must be
given to the certified dealer upon delivery. Failure to present oysters to the declared
shop without notifying the Marine Resources Division by the close of business on
the day of harvest will be considered a violation.
(13) Oyster Management Stations shall be established by the Director of the
Marine Resources Division. Areas opened for oyster harvest and Oyster
Management Stations that will be opened near those harvest areas will be publicized
using an Opening Order. The Opening Order will include the date harvest shall be
opened, a description of the shellfish harvest locations and reefs to open, a
description of the location of the Oyster Management Stations that will be open, and
a map of areas where dredging will be allowed (if applicable). The Opening Order
will be issued by the Director of the Marine Resources Division in the form of a
news release. Areas will be closed by the issuance of a news release.
PENALTY:

As provided by law.

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

N. Gunter Guy, Jr.

220-3-.03

Use of Nets and Harvest of Mullet

(1) Any person possessing, transporting, or using any seine, gill net,
trammel net, or other entangling net more than 300 feet in length as measured along
the cork line or main top line, or possessing, transporting, or using for commercial
purposes a seine, gill net, trammel net, or other entangling net 300 feet or less as
measured along the cork line or main top line, on or in the waters of Alabama under
the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42,
shall be validly licensed or permitted under Ala. Code 1975 9-12-113 and shall
have such license or permit in possession. Except that any person possessing a valid
Federal Fisheries Permit that allows the use of a seine, gill net, trammel net or other
entangling net in federal waters may transport such net on board a boat without an
Alabama commercial gill net license in the following waters of the State of
Alabama: in a marked navigational channel, due south of the charted position of
Bayou La Batre Channel Marker 5, in the Gulf of Mexico due south of Perdido
Pass, and for vessels leaving from Billy Goat Hole on Dauphin Island or Fort
Morgan Ramp, lower Mobile Bay. All vessels using this Lower Mobile Bay
transport exception shall proceed as directly, continuously and expeditiously as
possible to or from the Mobile Ship Channel. All vessels using any transport
exception shall proceed as directly, continuously and expeditiously as possible to or
from Federal waters.
Provided further, any person possessing, transporting, or using for recreational
purposes a gill net 300 feet or less as measured along the cork line or main top line,
on or in the waters of Alabama under the jurisdiction of the Marine Resources
Division as provided by Rule 220-2-.42 shall be validly licensed under Ala. Code
1975 9-12-123 and shall have such license in possession.
(2) Roe mullet permit requirements: Any person possessing, using, or
attempting to use, any commercial gill net, trammel net, or other entangling net with
a mesh size of two (2) inches knot to knot or larger but less than three (3) inches
knot to knot or larger to take or attempt to take any fish during the period of October
24 through December 31 of each year in the waters of Alabama must have a roe
mullet permit as provided by Ala. Code, 9-12-113; provided further, during the
period of October 24 through December 31 that any person in possession of mullet
while possessing, using, or attempting to use any commercial gill net, trammel net,
or other entangling net is also required to have said roe mullet permit.

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(3) Spanish mackerel permit requirements: Any person possessing, using,

or attempting to use, any commercial seine, gill net, trammel net, or other entangling
net in the waters of Alabama, including the territorial waters in the Gulf of Mexico,
who possesses any Spanish mackerel must have a Spanish mackerel permit as
provided by Ala. Code, 9-12-113. Except that any person possessing a valid
Federal Fisheries Permit that allows the use of a seine, gill net, trammel net or other
entangling net in federal waters may transport such net on board a boat and possess
Spanish Mackerel without an Alabama commercial gill net Spanish mackerel permit
in the following waters of the State of Alabama: in a marked navigational channel,
due south of the charted position of Bayou La Batre Channel Marker 5, in the Gulf
of Mexico due south of Perdido Pass, and for vessels leaving from Billy Goat Hole
on Dauphin Island or Fort Morgan Ramp, lower Mobile Bay. All vessels using this
Lower Mobile Bay transport exception shall proceed as directly, continuously and
expeditiously as possible to or from the Mobile Ship Channel. All vessels using any
transport exception shall proceed as directly, continuously and expeditiously as
possible to or from Federal waters.
(4) Display of placard: The placard issued by the Department of
Conservation and Natural Resources as provided for in Ala. Code, 9-12-113(d),
shall be visibly displayed on the permittees designated vessel in a location on the
port side of the vessel between the bow and amidship. It shall be unlawful to display
an invalid gill net placard on a vessel.
(5)(a) General minimum mesh size for "inside waters" for fish other than
menhaden: Except as otherwise provided in paragraph (5)(c), it shall be unlawful to
use or attempt to use any gill net, trammel net or other entangling net to take or
attempt to take fish other than menhaden from the "inside waters" under the
jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 and as
defined by Rule 220-3-.04(l) the mesh of which is smaller than one and one-half (11/2) inches knot to knot.
(b) Minimum mesh size for menhaden: The mesh size for commercial gill
nets, trammel nets, or other entangling nets used for the taking of menhaden shall be
one and one quarter (1-1/4) inches knot to knot or larger provided that not more than
5 percent bycatch of other species by number (excluding game fish) may be in
possession.
(c) Special October 24 - December 31 mesh size provisions: From October
24 through December 31 of each year a mesh size of two (2) inches knot to knot or
larger shall be required for commercial gill, trammel, or other entangling nets used
to take or attempt to take fish other than menhaden in the waters under the
jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, except
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

that a mesh size of one and one-half (1-1/2) inches knot to knot or larger, but less
than two (2) inches knot to knot, may be used for the taking of fishes other than
mullet. Possession of mullet and a gill net with less than a minimum mesh size of
two (2) inches knot to knot on board a boat in the waters of Alabama from October
24 through December 31 shall be prohibited.
(6)(a) Special provisions for certain rivers, bayous, creeks, or streams: It
shall be unlawful to use any net or seine in any rivers (except in those portions of the
Blakely and Apalachee Rivers south of the I-10 Causeway), streams, creeks, bayous
or tributaries under the jurisdiction of the Marine Resources Division as provided by
Rule 220-2-.42; provided, a seine, commonly known as a minnow seine, the length
of which shall not exceed 25 feet and the width or depth of which shall not exceed 4
feet, may be used for the taking of shad or minnows for the exclusive use as fish
bait; and provided further, a cast net may be used to take fish other than gamefish.
All other fish and seafood taken by a cast net or seine, as allowed under this
paragraph, shall be immediately returned to the water from whence they came with
the least possible injury. Rivers, streams, creeks, bayous, and tributaries shall be
considered closed areas for the purposes of Ala. Code 1975 9-12-113(j)(2).
(b) From September 1 through December 31, it shall be unlawful to possess
a gill net, trammel net, any other entangling net, or seine, except a minnow seine as
described in paragraph (a), aboard a boat in Fowl River or its tributaries north of
Bellingrath Garden boat dock, in Dog River or its tributaries north and west of a line
running from the west bank of the mouth of Perch Creek to the east bank of the
mouth of Alligator Bayou, or in Theodore Industrial Canal west of a line running
north and south at Cedar Point Road (088 -06.50'W). Any person convicted of the
violation of possession of a gill net, trammel net, any other entangling net, or seine
aboard a boat as provided by this paragraph shall receive two (2) points toward the
10-point system provided by Ala. Code 9-12-113. Provided further, it shall be
illegal to possess fish, except menhaden, in, or in contact with, a net or seine aboard
a boat in East or West Fowl River or their tributaries west of Highway 193 and north
of Highway 188, Fish River or its tributaries, Magnolia River or its tributaries, or
Bon Secour River or its tributaries. Any person convicted of the violation of
possession of fish, except menhaden, in, or in contact with, a net or seine aboard a
boat as provided by this paragraph, shall receive three (3) points toward the 10-point
system provided by Ala. Code 1975 9-12-113.
(7) Special Gulf waters provisions on closures, openings, and mesh size:
(a) From 12:01 a.m. May 15 to 12:01 a.m. the day after Labor Day
each year thereafter, all waters of the Gulf of Mexico, from Old Little Lagoon Pass
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

East to the Florida line shall be closed to the commercial use of gill nets, trammel
nets, other entangling nets, seines, and haul seines.
(b) It shall be unlawful to use or possess a gill net, trammel net, other
entangling net or seine in Alabama waters in the Gulf of Mexico, including Pelican
Bay, from March 15 through Labor Day each year from 12:00 noon each Friday
through 7:00 pm each Sunday. Except that any person possessing a valid Federal
Fisheries Permit that allows the use of a seine, gill net, trammel net or other
entangling net in federal waters may transport such net on board a boat in the
following waters of the State of Alabama in the Gulf of Mexico: in a marked
navigational channel, due south of the charted position of Bayou La Batre Channel
Marker 5, and due south of Perdido Pass. All vessels using any transport exception
shall proceed as directly, continuously and expeditiously as possible to or from
Federal waters.
(c ) In addition, all waters of the Gulf of Mexico including Pelican
Bay, from the shoreline (including Pelican/Sand Island) out to 0.25 miles shall be
closed year round to the commercial use of gill nets, trammel nets, other entangling
nets, seines, and haul seines, except as follows:
(i) From 12:01 a.m. March 15 to 12:01 a.m. May 15, each
year, the following portion of said waters shall be open to such use from 6:00 p.m. to
6:00 a.m. Monday through Thursday, 12:00 midnight to 12:00 noon on Friday and
from 7:00 p.m. to 12:00 midnight on Sunday: From Old Little Lagoon Pass, East to
the Florida Line;
(ii) From 12:01 a.m. October 2 to 12:01 a.m. January 1 each
year, the following portion of said waters shall be open to such use 24 hours per day:
From Old Little Lagoon Pass, East to the Florida line;
(iii) From 12:01 a.m. on the day after Labor Day through
March 14 each year, the following portion of said waters shall be open to such use
24 hours per day: West of Old Little Lagoon Pass in Mobile and Baldwin Counties;
and
(iv) From March 15 through Labor Day each year, the
following portion of said waters shall be open to such use from 6:00 p.m. to 6:00
a.m. Monday through Thursday, 12:00 midnight to 12:00 noon on Friday and from
7:00 p.m. to 12:00 midnight on Sunday: West of Old Little Lagoon Pass to the last
house on Dauphin Island (located at Longitude 8811.500W).

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

(v) From March 15 through Labor Day each year, the

following portion of said waters shall be open to such use from 7:00 p.m. Sunday
through 12:00 noon Friday each week: Those waters west of the last house on
Dauphin Island (located at Longitude 8811.500W 088-11.500 W).
(d) For the purposes of this regulation, Old Little Lagoon Pass is
located at Longitude 087- 47.826' W.
(e) All Gulf waters including Pelican Bay shall be closed to the use of
recreational gill nets.
(f) The minimum mesh size for gill nets permitted under Ala. Code,
9-12-113 used to take or attempt to take fish in the Gulf of Mexico, shall be one and
one-half (1 ) inches knot to knot, except as otherwise provided in paragraphs (2)
(roe mullet) and (5)(b) (menhaden). Provided further, it shall be unlawful to possess
a gill net in the waters of the Gulf of Mexico including Pelican Bay the mesh of
which is smaller than one and one half (1 ) inches knot to knot, except as provided
in (5)(b)(menhaden).
(8)(a) Except as otherwise provided by law or regulation, it shall be unlawful
to take or attempt to take any fish in the waters of Alabama under the jurisdiction of
the Marine Resources Division as provided by Rule 220-2-.42 with any seine or
purse seine over twenty-five (25) feet in length with a mesh size smaller than threefourths (3/4) inch knot to knot.
(b) From October 24 through December 31 of each year, it shall be
unlawful to use, or attempt to use, any seine to take, or attempt to take, mullet in the
waters of Alabama under the jurisdiction of the Marine Resources Division as
provided by Rule 220-2-.42.
(9) There are no mesh size requirements for trawls and cast nets. Cast nets
shall only be hand thrown and shall not exceed 30 feet in diameter.
(10) It shall be unlawful to use, to take, or attempt to take fish with, or to
possess on board a boat, in the waters of Alabama, any gill nets, trammel nets, or
any other entangling net, greater than 80 meshes in depth north of a line running in
an eastwardly direction from the north bank of East Fowl River to Middle Bay Light
to Great Point Clear.
(11) From October 24 through December 31 of each year it shall be
unlawful to us any set nets (gill nets, trammel nets, or other entangling nets, etc.) in
the waters of Bon Secour Bay south of the Gulf Intracoastal Waterway from Oyster
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

Bay west to the last Waterway navigational marker and from that point
southwestward to the northwestern tip of the Fort Morgan Peninsula. During this
time period, this area shall be open to strike nets but these nets cannot be used within
300 feet of any pier, wharf, dock, or boat launching ramp in this area. "Strike net"
means a gill net, trammel net, or other entangling net, that is set and used from a
boat in a circular pattern and is not anchored or secured to the water bottom or shore
and which is immediately and actively retrieved.
(12) From January 1 through 12:01 a.m. the day after Labor Day of each
year it shall be unlawful to use any seine, gill net, trammel net, or other entangling
net to take or attempt to take any fish in all waters inside of a meandering line
beginning at the east end of Dauphin Island at the Park and Beach Board pier and
running in a northwestwardly direction along the northern shore of Little Dauphin
Island to its intersection with the Dauphin Island Bridge, and then northwardly along
the east side of the Dauphin Island Bridge to its intersection with the Gulf
Intracoastal Waterway, then westwardly along the southern edge of the Gulf
Intracoastal Waterway to Aloe Bay Channel marker "BA, F1 (2+1) G 6s," then
southwardly to Aloe Bay Channel marker number "2" and then to the western end of
the Dauphin Island Airport runway, then eastwardly along the northern shore of
Dauphin Island to the east end of Dauphin Island at the Park and Beach Board Pier.
(13) It shall be unlawful for any person, firm, or corporation to use any gill
net, trammel net, seine or purse seine, or other entangling net to take or attempt to
take fish in any marked navigational channel, Theodore Industrial Canal, Little
Lagoon Pass, Perdido Pass, or any man-made canal (including but not limited to the
following bays and canals on Dauphin Island: Quivera Bay, Polaris Lagoon, Port
Royal Lagoon, Lafitte Bay, Indian Bay, Indian Canal, Buchanan Bay, Columbia
Bay, Colony Cove, Spanish Bay, Barcelona Bay, Salt Creek, Government Cut, and
Billy Goat Hole); provided further, it shall be unlawful to use any gill net, trammel
net, seine or purse seine, or other entangling net to take or attempt to take fish within
300 feet of the mouth of Dog River, Theodore Industrial Canal, East Fowl River,
Old East Fowl River (both entrances), West Fowl River, Bayou Coden, Bayou La
Batre, and the Mobile Bay entrance to Billy Goat Hole/Government Cut in Mobile
County, or Fly Creek, Fish River, Magnolia River, Graham Bayou, Wolf Creek,
Miflin Creek, Roberts Bayou, Palmetto Creek, Soldier Creek, Perdido Pass, and
Little Lagoon Pass in Baldwin County.
(14) It shall be unlawful to use any seine, gill net, trammel net, or other
entangling net required to be licensed or permitted under Ala. Code, 9-12-113, to
take or attempt to take fish within 300 feet of any pier, marina, or boat launching
ramp. It shall be unlawful to use any seine, gill net, trammel net, or other entangling
net to take or attempt to take fish within 300 feet of any of the following "relic"
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

piers: Zundels, Old Daphne Steamship, Battles, and Quarantine, or within 300 feet
of artificial reef areas established and marked by the Marine Resources Division,
within the jurisdiction of the Marine Resources Division as provided by Rule 220-2.42; provided further, it shall be unlawful to use any seines or nets in any manner so
as to prevent ingress or egress to or from any pier, wharf, dock, marina, or boat
launching ramp. The prohibited use areas referred to herein shall be considered
closed areas for the purposes of Ala. Code 1975 9-12-113 (j)(2).
(15) Gill nets and seines permitted under Ala. Code, 9-12-113, shall be
marked with the permittees name and shall be marked at intervals of 100 feet or less
along the float line with colored floats that contrast with any other floats used on the
float line. Such gill nets shall be marked at intervals of 300 feet or less along the
float line with the fisherman's permit number. Permit numbers will remain the same
for each year. Any person convicted of the violation of possession on board a boat or
use of an unmarked gill net(s) (without the fishermans permit number marked along
the float line as required by this paragraph) shall receive four (4) points toward the
10-point system provided by Ala. Code 1975 9-12-113. Any person convicted of
the violation of possession on board a boat or use of an improperly marked gill net(s)
(with the fishermans permit number being marked along the float line in a manner
other than as required by this paragraph) shall receive one (1) point toward the 10point system provided by Ala. Code 1975 9-12-113.
(16) Gill, trammel, and other entangling nets, and seines operated in the
waters of Alabama under the jurisdiction of the Marine Resources Division as
provided by Rule 220-2-.42 must be constantly attended by the person licensed or
permitted to operate the net. Any person convicted of the violation of an unattended
gill, trammel, or other entangling net or seine required to be licensed or permitted
under Alabama Code 9-12-113, shall receive three (3) points toward the 10-point
system provided for by Alabama Code 9-12-113.
(17) There is hereby established a recreational possession limit on mullet
caught by cast net or snagging of 25 fish per boat per day or 25 fish per person per
day from the shore during the period of October 24 through December 31 of each
year. During the period of October 24 through December 31, it shall be unlawful to
possess on board a boat, for recreational purposes, more than 25 mullet while cast
netting or snagging in waters closed to the use of gill nets. Notwithstanding any
provision herein to the contrary, however, from October 24 through December 31, it
shall be unlawful to take mullet by snagging (a method of taking fish with one or
more hooks attached to a line or artificial lure used in a manner to foul hook a fish.
A fish is foul hooked when caught by a hook in an area other than the fishs mouth)
or by the use of a cast net in Theodore Industrial Canal, Dog River, Fowl River, or
tributaries thereof. It shall be unlawful to take or attempt to take mullet by the use of
The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

a cast net within 300 feet of the mouth of Theodore Industrial Canal, Dog River,
Fowl River (east and west entrances), these areas shall be considered closed.
(18) It shall be unlawful to remove roe of from mullet or otherwise process
roe mullet aboard any boat or vessel within the territorial waters of this State.
(19)(a) A recreational gill net licensee shall have only one net in use at any
time and shall possess only one net on board a boat in the waters of Alabama. A
recreational gill net shall not be possessed more than 300 feet from shore and, it
shall be unlawful to use a recreational gill net required to be licensed under Ala.
Code, 9-12-123 to take or attempt to take fish beyond 300 feet from any shoreline.
It shall be unlawful for a recreational gill net to be on board a boat with a net, seine,
or purse seine, required to be licensed or permitted under Ala. Code, 9-12-113. It
shall be unlawful to use or possess a recreational gill net in conjunction with the use
or possession of any net, seine, or purse seine, required to be licensed or permitted
under Ala. Code, 9-12-113.
(b)
A recreational gill net licensee shall take or possess only one standard
fish box of whole fish per day. A standard fish box measures 15 inches by 15 inches
by 24 inches.
(c) Recreational gill nets licensed under Ala. Code, 9-12-123, shall bear a
tag or float provided by the Marine Resources Division showing the name and
license number of the licensee. This tag shall be affixed to the net any time it is in
use or in transit aboard a vessel.
(20) It shall be unlawful to possess game fish in conjunction with the use or
possession of any net, seine, or purse seine, required to be licensed or permitted
under Ala. Code, 9-12-113, or required to be licensed under Ala. Code, 9-12123. Commercial fishermen shall not possess game fish. Any person convicted of
the violation of possession of game fish in conjunction with the use or possession of
any net, seine, cast net or purse seine required to be licensed or permitted under Ala.
Code, 9-12-113, shall receive four (4) points toward the 10-point system provided
for by Ala. Code, 9-12-113.
(21) It shall be unlawful to use or possess on board a vessel a gill, trammel, or
other entangling net or seine that does not have one float or cork at least two (2)
inches in diameter at intervals of five feet or less along the float line; or a buoy with
a diameter of at least six (6) inches at intervals of fifty feet or less along the float
line.
Statutory Authority:

9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-110, and 9-12-113

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

Code of Alabama 1975

PENALTY:

As provided by law.

3/7/96; 8/18/97(ER); 9/23/97; 11/25/97; 8/25/98(ER); 12/15/98; 8/31/2000(ER);

8/30/2001(ER); 6/4/2002(ER); 8/21/2002; 10/17/2002(ER); 2/11/2003;
5/21/2003(E); 6/9/2003(E); 9/23/2004; 9/28/2004(ER);6/28/05(E); 9/6/2005(ER);
4/12/2007(ER); 7/19/2007; 10/17/2007 (ER); 5/29/2008; 9/23/2008(ER); 2/25/2009;
5/12/2009(ER); 6/17/2009; 8/28/2009; 5/6/2010(ER); 5/10/2010(ER);6/19/2010;
8/10/15

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov

N. Gunter Guy, Jr.

220-3-??. Seafood Aquaculture
(1) No person, firm, corporation or entity shall engage in seafood
aquaculture without first obtaining a permit from the Marine Resources Division, in
addition to any permits required by other state and federal agencies.
(2) Aquaculture is defined as the propagation, cultivation, rearing or
maintenance of saltwater marine life or seafood, as defined by 9-2-80, Code of
Alabama 1975, for consumption, stocking or bait purposes.
(3) Aquaculture sites may only be established on or within the inside
waters of Alabama, as defined by 220-3-.04, or be a shore based facility.
(4)
No aquacultured seafood species may be released into the public
waters of Alabama without authorization from the Marine Resources Division.
(5)

Aquaculture of gamefish.
(a) All aquacultured gamefish must have a tag, approved by the
Marine Resources Division, attached to each fish prior to releasing or
selling as fresh or frozen seafood.
(b) All aquacultured gamefish being transported, within Alabama,
must be accompanied by an invoice or bill of lading to include seller, buyer, species
and quantity.
(6)

Selling aquacultured seafood.

(a) All aquacultured eafood must be sold by or to a licensed
Alabama Seafood Dealer or licensed Alabama Live Bait Dealer.
(b) All aquacultured seafood that is sold must be reported in
accordance with the seafood landing and reporting requirements of the Marine
Resources Division, with the exception of product sold for permitted release.
(7) No seafood aquaculture permit shall be required for on bottom or off
bottom oyster aquaculture operations.
Author: N. Gunter Guy, Jr.
Statutory Authority:

Code of Alabama 1975, 9-2-4, 9-2-7, 9-2-8, 9-2-12,

9-2-13, 41-22-6

The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age gender, national origin, or disability in its
hiring practices nor in admission to, access to, or operations of its programs, services, or activities.
www.outdooralabama.gov